Bill Text: GA HB47 | 2009-2010 | Regular Session | Introduced
Bill Title: Reckless conduct; assaults with intent to transmit HIV or hepatitis; increase penalty
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-01-14 - House Second Readers [HB47 Detail]
Download: Georgia-2009-HB47-Introduced.html
09 LC 28
4381
House
Bill 47
By:
Representative Bearden of the
68th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia
Annotated, relating to reckless conduct, so as to increase the penalty for
assaults with intent to transmit HIV or hepatitis to peace officers and
correctional officers while such officers are engaged in the performance of
their official duties or on account of the performance of their official duties;
to provide for related matters; to provide for an effective date and
applicability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating
to reckless conduct, is amended by revising subsection (d) of Code Section
16-5-60, relating to assault by HIV infected persons or hepatitis infected
persons, as follows:
"(d)
A person who is an HIV infected person or hepatitis infected person and who,
after obtaining knowledge of being infected with HIV or hepatitis, commits an
assault with the intent to transmit HIV or
hepatitis,
using his or her body fluids (blood, semen, or vaginal secretions), saliva,
urine, or feces upon:
(1)
A peace officer while the peace officer is engaged in the performance of his or
her official duties or on account of the peace officer's performance of his or
her official duties; or
(2)
A correctional officer while the correctional officer is engaged in the
performance of his or her official duties or on account of the correctional
officer's performance of his or her official duties
is
guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than five nor more than
20
30
years."
SECTION
2.
This
Act shall become effective on July 1, 2009, and shall apply to all offenses
committed on and after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.